Springer v. United States, 17691.
| Decision Date | 02 February 1965 |
| Docket Number | No. 17691.,17691. |
| Citation | 340 F.2d 950 |
| Parties | Alan C. SPRINGER, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Alan C. Springer, filed typewritten brief pro se.
John O. Garaas, U. S. Atty., Fargo, N. D., and Gordon Thompson, Asst. U. S. Atty., Fargo, N. D., filed printed brief for appellee.
Before MATTHES, BLACKMUN and RIDGE, Circuit Judges.
Alan C. Springer, along with others, was found guilty of violating the mail fraud statute, 18 U.S.C.A. § 1341. He appealed and we affirmed, sub nom. Butler v. United States, 317 F.2d 249, (8 Cir. 1963) cert. denied 375 U.S. 838, 84 S.Ct. 77, 11 L.Ed.2d 65 (1963). On April 2, 1964, Springer filed a motion under 28 U.S.C.A. § 2255 seeking to vacate the judgment of conviction on the grounds, (1) there was introduced and used as evidence in the trial, documents that had been "obtained illegally and without due process of law"; (2) that he had been denied his constitutional right to the assistance of counsel; (3) that he was induced through fear and promises not to take the stand and testify in his own defense.
Springer was returned from the Federal Correctional Institution, Texarkana, Texas, to Bismarck, North Dakota, and on April 27, 1964, a hearing was held on the motion to vacate and Springer and his court appointed lawyer participated therein. At the conclusion of the introduction of evidence, counsel for Springer informed the Court that "Mr. Springer has asked me to inform the Court that he has already served some time and that, to set the sentence aside or to vacate it, would be of no value to him nor to society; * * * that Mr. Springer's position is that he would pray the Court for a reduction in the previous sentence imposed upon him."
The motion to vacate was denied, and by this appeal Springer challenges the court's action in denying the relief sought. Grounds (2) and (3), supra, of his motion to vacate have been abandoned, but Springer does assert that there was an illegal search and seizure of the records of Lenders Service Company, the bankrupt corporation of which he was president, and that such illegally seized records were introduced, to his prejudice, in the trial of the mail fraud case. In our view, the contention is devoid of substance. The undisputed facts are: In June, 1960 Lenders Service Company was adjudged a bankrupt in the United States District Court for Eastern District of Arkansas; the trustee in bankruptcy took possession of the books and records of the bankrupt company; that as the legal custodian of such records the trustee delivered them to United States Postal Inspectors. Thereafter, and...
To continue reading
Request your trial
-
In Re Endeavour Highrise
...to property of the estate.” The trustee then becomes the custodian of the debtor's books and records. See, e.g., Springer v. United States, 340 F.2d 950, 951 (8th Cir.1965); Elmwood Dry Dock & Repair v. H & A Trading Co., Ltd., No. 93-2156, 1995 WL 686750, at *1, 1995 U.S. Dist. LEXIS 17600......
-
Kaufman v. United States, 53
...search of petitioner's automobile was illegal. 3. Warren v. United States, 8 Cir., 311 F.2d 673, 675 (1963); see also Springer v. United States, 8 Cir., 340 F.2d 950 (1965); Peters v. United States, 8 Cir., 312 F.2d 481 (1963); Gendron v. United States, 8 Cir., 340 F.2d 601 (1965). Accord: ......
-
Clemas v. United States
...probable cause for the issuance of the arrest warrant. Accord, Cox v. United States, 351 F.2d 280 (8th Cir. 1965); Springer v. United States, 340 F.2d 950 (8th Cir. 1965); Peters v. United States, 312 F.2d 481 (8th Cir. 1963); Losieau v. United States, 177 F.2d 919 (8th Cir. 1949); Eberhart......
-
United States v. Re
...which constitutes a collateral attack on the sentence, but must be presented in the appeal from the conviction." Springer v. United States, 340 F.2d 950, 951 (8th Cir. 1965); United States v. Jenkins, 281 F.2d 193 (3d Cir. 1960); Kyle v. United States, 266 F.2d 670, 672 (2d Cir. 1959), cert......